A review of the book 'The British Makeover of India: Judicial and Other Indigenous Institutions Upturned' written by Dr. Meenakshi Jain.
Early officials of the East India Company were surprised to discover that indigenous institutions of judicial redress had survived in a surprisingly good state during the centuries of “Tartar” rule. They noted that those institutions had largely remained beyond the purview of the medieval state, and had well served the needs of the populace. Subsequently, Company-men observed the functioning of indigenous judicial institutions in the areas under their control and cautioned against any transplantation from Britain.
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Coming up: A review of the book 'The British Makeover of India: Judicial and Other Indigenous Institutions Upturned' written by Dr. Meenakshi Jain.
Namaste Friends. My name is 'Shinil Subramanian Payamal' and you are listening to the Historylogy podcast.
Before I proceed, a full disclosure: This book was bought with my own money and not been provided to me by the author or publisher.
Little bit about the author:
Meenakshi Jain is a historian interested in cultural and religious developments in Indian history. In 2020, she was awarded Padma Sri by the Government of India for her contributions in the field of literature and education. Her recent publications include – Vishwanath Rises and Rises: The Story of Eternal Kashi (2024); The Hindus of Hindustan (2023); Vasudeva Krishna and Mathura (2021); Flight of Deities and Rebirth of Temples (2019); The Battle for Rama: Case of the Temple at Ayodhya (2017); Sati: Evangelicals, Baptist Missionaries, and the Changing Colonial Discourse (2016); and Rama and Ayodhya (2013).
Let me read a brief description of the book from the inside flap of the book:
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Early officials of the East India Company were surprised to discover that indigenous institutions of judicial redress had survived in a surprisingly good state during the centuries of “Tartar” rule. They noted that those institutions had largely remained beyond the purview of the medieval state, and had well served the needs of the populace. Subsequently, Company-men observed the functioning of indigenous judicial institutions in the areas under their control and cautioned against any transplantation from Britain.
The eighteenth-century reverence for indigenous institutions was overturned in the mid-nineteenth century when a marked change in the British attitude became perceptible. The earlier appreciation gave way to censure. The transformation could be attributed to mounting self-confidence following a series of military successes in India, and triumph over Napoleonic France by 1815.
Among other factors that turned the tide against India was the advent of the Scientific Revolution. As a result, a racist element entered the British perception of India. A view gained currency that human progress was closely linked to the biological traits of people. The shape of the skull determined the size of the brain, and hence, the degree of human intelligence. Charles Darwin's Origin of Species (1859) was used to justify Europe's triumph in Africa and Asia; it was the natural dominance of superior white men over inferior races.
As the notion of race increasingly gained currency, there was a noticeable decline in the admiration for Indian culture. India began to be seen as a land of the past that needed to be reformed. The policy of non-interference with Indian traditions, a British byword in the eighteenth century, was abandoned in favour of change through the initiation of British institutions and values.
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Some of the things I really liked in this excellent book are:
1. Warren Hastings, the first Governor General of India, attributed Europe’s triumph over non-Europeans not to the superiority of Christianity, but to secular reasons like “a free government, cold climate, and printing and navigation.” Christianity, he argued, did not make people “better.”
2. On 16th August, 1765, the Mughal Emperor, Shah Alam granted the Company the lucrative diwani of Bengal, Bihar, and Orissa. (diwani entailed the right to land revenue collection, in addition to judicial responsibilities). The significance of diwani could be gauged from the fact that after 1765, the revenues of Bengal alone comprised almost one-quarter of the public revenues of Britain as a whole.
3. Several features of the criminal justice system were discriminatory to non-Muslims. For instance, restrictions were placed on the acceptance of statements of slaves, women and non-Muslims. Non-Muslims also needed the testimony of two witnesses to substantiate their case. Further, the next of kin of a murdered person could pardon a murderer unconditionally, or after receiving pecuniary compensation. Punishments, like mutilation and impalement, also constituted part of the system.
4. Jonathan Duncan found Hindus troubled under a criminal law that was not their own. Though the majority, they had to “suffer from the defects of a law not solely their own, and ill-adapted to their habits, and imposed on them solely by the power of the sword.” No Muslim could be capitally convicted on the evidence of a Hindu.
5. Warren Hastings had opposed the exclusion of Indians from higher posts. However, the determination of Directors of the East India Company, and British ministers, to find opportunities for their relatives and friends in India, ensured his suggestion was not implemented.
6. Mountstuart Elphinstone on reasons why strict European supervision was necessary.
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At the same time I think very strict supervision is requisite and many Europeans necessary for the purpose. If this be not attended to, the natives will introduce their old corrupt practices into the system at the first outset, and we shall never be able to eradicate them ... .No situation of political or military power should for a very long time be entrusted to a native.
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7. Elphinstone on how education would enable the progress of Christianity.
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The result of educating natives both in English and in their own language must be favourable to the progress of Christianity; indeed education seems to me the only means by which there is any chance of favouring its progress; direct attempts at conversion, while the native superstitions are still impaired, would I conceive excite a spirit of controversy and opposition, if it did not lead to more serious results….
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8. Appearing before the Select Committee of Parliament on 25th April, 1831, James Mill claimed that the people of India were only concerned that the work of government was “well and cheaply performed;” it did not matter to them who were the people who performed it.
9. John Beames observed that darogahs knew all criminals and suspicious characters, and could seize them, when required, in return for a share of the robberies. In certain cases, if a Magistrate insisted that a particular dacoity be solved, the darogah would summon the leader and inform him a few younger members of the gang would be detained, and some of the stolen items shown as recovered. After a while, the arrested men would be let off.
10. Company administrators were also deeply perturbed by the rise of the English-language-educated Indian!
Conclusion:
The book has 19 chapters and is just under 275 pages which excludes eight beautiful colour plates and it is very easy to read and extensively referenced. And the good news is that there is a second instalment of this book which deals with early East India Company officials’ evaluations of the indigenous education apparatus.
I give this book 4.75/5.
The printed price of the book is Rs. 995/- but is available for around Rs. 750/- (excluding shipping) on Amazon India. And the book is currently out of stock on Amazon USA. But I highly recommend that you buy the book from the publisher website i.e. AryanBooks.com where it is available for only Rs. 695/- with free shipping anywhere in India! At the time of recording this review, the book is not available in Kindle or Audible format. I have given the respective buy links in the show notes. Please check them out for the latest prices.
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